when a will goes to probate and a mediator and a judge gets involved who makes the final decisions re the will

Question

there is a dispute among family members and lawyers, judge and a mediator is involved now...will the decisions all be made by the judge now and that is final?

Answer 1

Yes...the will controls...period. The only challenges that can be made are that the will is not valid, the will was created by fraud or under duress, or that the deceased did not creat this will or intend to and someone influenced him to do so...all difficult things to prove seeing that since the will made it to probate it was deemed to be valid..or will be deemed valid.

it is a shame how relatives fight over an inheiritance but the will controls there is nothing to be changed it in...only if there was any property that was not covered and then it is distributed based on your state's intestacy laws.

Answer 2

I agree with Dr. Luv.

A will must be judged on its "four corners." If parties cannot work out an arrangement through a mediator, the matter will go before a judge of the probate court [Orphans Court, Surrogate's Court, or whatever they call it in your jurisdiction].

In most cases, the word of the judge is final. Usually the law is rather "cut and dried." HOWEVER, if there are grounds for appeal within the record of the case, if it appears that the judge misinterpreted the statute or case law precedents, or if it is a case of "first impression," it may be possible to file an appeal to an appellate court. Such appeals are generally rare.

Answer 3

I would suspect the judge will make the final decision. Good luck.